Sale Deed
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Sale Deed - Overview
A sale deed is a legal contract or agreement executed between the seller and the purchaser and it acts as evidence for the sale and transfer of ownership of an asset or a property.
A deed of sale is a necessary document for the seller and the purchaser has to be registered in agreement with the Registration Act, 1908. Both the parties have to be signed in the agreement after they agree with the terms & conditions.
You have to be confident of relevant details while buying immovable property, such as any dues associated with it, determining price, the transfer of ownership, the total area of the property, etc. You need to understand the necessary elements of the deed of sale sample and also the sale deed format for the proper execution of this process.
Advantages of a Sale Deed
- Legal Enforceability : A bargain and sale deed is to conclude the sale into a legal document as it is enforced by the law.
- Outlines The Location : As a buyer, you should know the entire details of the property including the exact place of the property and total square foot area of the property.
- It Guards The Parties : A sale deed which is well-drafted would reduce legal risk or obstacles and avoid vagueness.
- Constant And Comfortable : The process of sale enables it to be more consistent and comfortable whereas a deed of sale form would reduce troubles as all money due can be detailed in the document.
- Assurance For No Grant : It assured that your property is not taken for granted, given the survival of a stamped and registered allowable document.
The registration process of Sale deed registration in India
- Book an online appointment or you can go to the office of the sub-registrar. You can also go to the reception of the sub-registrar office for the registration process of the deed of sale template.
- Go to the facilitation centre (only the parties involved are allowed to enter) where documents get checked before being sent to the sub-registrar.
- Both the buyer and the seller will be requested by the officials to mark their fingerprints and sign on all the pages in the attached documents.
- The provided documents would again be checked by the sub-registrar after the inspection. He/she could reject the documents in case of any disagreement.
- Once after the documents are accepted both the parties should move to the biometric division where the fingerprints and photographs will be taken.
- You would be issued a receipt after all of this process is finished. Within 15 days of the registration process, the buyer can collect the sale deed sample.
- After all of this process is completed you would receive an acknowledgement receipt.
- Within 15 days of the registration process, the deed of sell can be collected by the buyer.
- Note: Both parties and the 2 witnesses are supposed to reach the sub-registrar office. It is important to carry your original ID proofs, TDS and the property registration payment
- receipt. You must also carry an appointment ID with you as proof which is generated after online confirmation.
The Documents needed for sale deed registration
- Name of the buyer and Seller involved.
- Photographs and PAN card of the applicants.
- The person’s name who is buying the stamp
- Receipt of Total stamp duty fee
- Name and addresses of two witnesses
- Title deed or Draft of deed of conditional sale or Conveyance Deed
- Khata Certificate and Extracts of the property
- The deal value and all the financial details which include TDS payment and the registration charge payment receipt.
- Power of Attorney if any
- Building plan authorized by the Statutory Authority
- Tenancy Corps (RTC) and 7/12 extract or Records of Rights
- In case of resale property, a Copy of all registered last agreements should be submitted.
- If any past or current loan on the property / Original Property Documents with Bank
- The GPA, joint development agreement & Sharing/supplementary Agreement, between landowner and builder
- All title documents of the landowner
- Sale agreement with the Seller
- Allotment Letter from the Builder or Co-Operative Society or Housing Board or BDA.
- In case of resale property, NOC from the Apartment Association should be submitted.
The Important Elements of the Sale Deed
- Explanation Of The Property
The sale deed format should contain an entire description of the sale deed, like the name & address of the executing parties (the buyer and the seller).
- Considerations Of The Sale
If there is any amount paid in advance, the sale price must be accepted between the buyer and the seller and the amount should be mentioned in the sale deed format. The registered sale deed must contain all the information regarding the payment method, which can be via cheque, the demand draft, or online transfer, which is necessary in the case to case basis.
- Clarification On Period
The quick deed sale format should specify the time when passing the title to the buyer. The seller should carry out all the needed documents that must be handed over to the purchaser.
- A Mandatory Clause On Transfer Of Title
The seller should confirm that there shouldn’t be any charges or any dues and burdens before handing over the property to the buyer. The buyer can collect the expenses from the seller if there are any dues left over.
- Stamp Duty:
Registration of Sale Deed As per law, deed sale should be registered in the local sub-registrar office therefore any unregistered sale deed has not been considered. The details of the property must be typed on non-judicial stamp papers and the price of these papers you want to pay as the stamp duty.
A non-judicial stamp paper has to be drafted which is mandatory and the sale deed certificate must be registered at the jurisdictional sub-registrar office.
According to the stamp act of the respective state, non-judicial stamp paper is purchased as per circle rates by state in the country.